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Details for Patent: 5,897,031
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Summary for Patent: 5,897,031
| Title: | Dispenser for antimicrobial liquids | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | A dispenser for dispensing products such as liquid antimicrobials is described. The dispenser includes a bracket/actuator assembly and a container assembly. The dispenser includes a novel mechanism for attaching the container assembly to the bracket/actuator assembly and also includes a novel valve assembly. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | David F. Wirt, Floyd L. Foslien | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | 3M Co | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | US08/668,198 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Use; Device; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | US Patent 5,897,031: Claim Scope, Expiration, and Patent Landscape for Disposable Product DispensersUS Patent 5,897,031 covers a disposable dispenser container that attaches to a reusable bracket and actuator through tapered mounting channels. Its central innovation is simultaneous mechanical attachment and pump-actuator alignment during downward installation. Additional claims cover a disposable product path, a manually rotated valve, an integrated pump chamber, venting, a one-way ball valve, and a piston-driven dispensing mechanism. The patent is a mechanical dispensing patent, not a drug-composition patent. It does not protect a therapeutic ingredient, formulation, dosage regimen, or biologic. Its statutory patent term has expired, so it no longer creates an enforceable exclusivity barrier in the United States. The technical concepts remain relevant to freedom-to-operate analyses involving disposable sanitizer, antimicrobial, soap, lotion, foam, and other fluid cartridges, but current risk would arise from later patents, not from US 5,897,031 itself.[1][2] What does US Patent 5,897,031 protect?The patent protects combinations of four principal elements:
The strongest recurring limitation is the downward attachment mechanism. The container has channels that receive mounting flanges on the reusable dispenser. The channels taper toward one another in the direction of attachment, guiding the pump's driven surface into alignment with the actuator as the container moves vertically downward. This combination distinguishes the claimed system from a conventional bottle, threaded cartridge, snap-fit package, or pump that must be separately aligned after installation. Core technical architecture
How are the independent claims structured?The patent has six principal independent claims: 1, 12, 17, 22, 26, and 31. They divide the invention into a container, a method, a complete dispenser, a detailed valve-pump container, a spool-valve container, and a method of operating the valve assembly. Claim 1: container assembly with tapered channelsClaim 1 is the principal attachment-and-alignment claim. It requires:
A product would not fall within claim 1 merely because it uses a disposable cartridge and a pump. The accused system would need the claimed relationship between the container channels, the bracket flanges, the vertical installation direction, and automatic pump alignment. Claims 2 through 11 narrow claim 1 by adding structural features:
Claim 12: installation methodClaim 12 covers the method of:
This claim is directed to conduct rather than merely to the physical product. A system may avoid literal infringement if the cartridge is installed through a materially different movement, such as horizontal sliding, front-to-back insertion, rotation, or separate manual alignment. Claims 13 through 16 add the rotary valve and disposable-path requirements. Claim 16 is particularly narrow because it requires disposing of the entire product path after depletion. Claim 17: complete dispenserClaim 17 covers the combination of:
The claim is framed partly in functional language. Its "attachment and alignment means" limitation may implicate 35 U.S.C. §112(f), depending on the claim construction adopted by a court.[3] If construed as a means-plus-function limitation, the relevant structure would be limited to the corresponding flange-and-engagement structures disclosed in the patent and their statutory equivalents, rather than every mechanism that performs attachment and alignment. Claims 18 through 21 add smooth surfaces, a disposable product path, tapered side walls, and stop surfaces. Claim 22: integrated valve, pump chamber, and disposable pathClaim 22 is materially different from claim 1. It focuses on the internal valve-pump structure and requires:
This claim can reach a cartridge even if the particular attachment mechanism is not the tapered-channel arrangement of claim 1, provided the valve assembly and integrated pump chamber satisfy the listed limitations. Claim 26: spool valve and cover passagewayClaim 26 adds a specific construction:
Claims 27 through 30 add progressively narrower fluid-control details:
These claims are substantially narrower than the broad container-and-pump concepts in claims 1, 12, and 17. Claim 31: valve-operation methodClaim 31 covers a method that includes:
Claim 32 narrows the operation to rotation. What are the key claim limitations for infringement analysis?The limitations most likely to determine infringement are the following: Downward installation and tapered channelsThe claimed attachment is directional. The container must move in a substantially vertically downward direction, and the channels must taper toward one another in that direction. A cartridge that is inserted horizontally, locked with a latch, or attached by a threaded interface may avoid literal infringement of these limitations. Simultaneous alignmentThe claims require alignment of the pump driven surface with the actuator during attachment. A design in which the actuator is aligned only after installation, or in which the pump automatically self-aligns through a flexible coupling, may present a noninfringement position depending on the precise structure and claim construction. Entirely disposable product pathClaims 8, 16, 19, and 22 require the entire product path between reservoir and outlet to be located inside the disposable container. A design that leaves a reusable outlet tube, valve, manifold, check valve, or fluid conduit in the dispenser can avoid this limitation. Rotary valveClaims 4 through 7, 13 through 15, and 23 require a valve that moves between sealed and dispense positions, with several claims requiring rotation. A sliding gate, flexible membrane, duckbill valve, or actuator-controlled pinch valve may fall outside the literal rotary-valve limitations. Integrated valve and pump chamberClaims 22 and 26 require the valve assembly to receive the pump and define the pump chamber. A cartridge with a separate pump housing, or a pump chamber formed solely by the reservoir or dispenser housing, may not satisfy this limitation. Venting and check-valve arrangementClaims 27 through 30 require specific coordination between the fill hole, vent hole, reservoir plug, piston seals, and one-way valve. These claims are vulnerable to design-around strategies using a separate vent, pressure-equalizing membrane, diaphragm, or non-ball check valve. What formulations and products are technically covered?The patent does not claim a specific chemical composition. Claim 24 refers to a reservoir suitable for sterilizing, disinfecting, or antimicrobial product, but that is a container-use limitation rather than a composition claim. Potential product categories within the technical field include:
A product's chemical identity would not determine infringement by itself. The decisive issue would be whether the cartridge and dispenser use the claimed mechanical architecture. When does US Patent 5,897,031 lose exclusivity?US 5,897,031 is expired based on the 20-year patent term applicable to utility patent applications filed after June 8, 1995.[2] The term runs from the earliest effective nonprovisional filing date, subject to any patent-term adjustment or extension recorded by the USPTO.
The patent therefore cannot support a current infringement action based solely on its original claims. Any commercial analysis should shift to later continuation, divisional, improvement, or unrelated dispenser patents that may have different expiration dates. Patent expiration does not eliminate technical relevance. It removes the right to exclude under this patent. It does not grant freedom from later patents covering particular cartridge geometry, valve assemblies, pumps, sensors, antimicrobial compositions, refill authentication, or dispenser control systems. What is the Orange Book status of US 5,897,031?US 5,897,031 is not an Orange Book drug patent. The claims are directed to a container assembly, dispenser, pump, valve, and method of use. They do not claim an active pharmaceutical ingredient, drug formulation, method of treating a disease, or drug delivery regimen in the Orange Book sense. Consequences include:
Are there Paragraph IV challenges or biosimilar risks?No conventional Paragraph IV or biosimilar challenge is implicated by this patent. Paragraph IV litigation concerns listed patents for approved drug products under the Hatch-Waxman framework. US 5,897,031 is a dispenser patent and is not a drug-substance or drug-product patent suitable for the ordinary Orange Book certification process.[4] Biosimilar risk is also inapplicable. Biosimilar applications concern biological products and rely on the Purple Book framework, not mechanical dispenser patents.[5] A biologic may be sold in a device or cartridge that uses similar dispensing technology, but any biosimilar patent dispute would ordinarily concern the biologic, formulation, manufacturing process, delivery device, or combination-product configuration, not this expired patent. How strong is the patent estate?The patent had meaningful historical scope but weak current exclusionary value because it is expired. Historical strengthThe estate was strongest against a product combining:
The multiple claim categories gave the patent holder several enforcement theories: product claims, system claims, and method claims. Claims 22 and 26 also created a second technical center around the spool valve and integrated pump chamber. Current strength
The broadest practical limitation is not the presence of a pump. It is the combination of the disposable container with the reusable bracket, downward installation, tapered channels, and simultaneous actuator alignment. The narrowest claims are those requiring the spool element, vent-hole alignment, gravity-biased ball, and piston seal arrangement. What patent litigation affects US 5,897,031?The supplied claim set does not identify litigation, and the patent's expiration means that any current litigation based solely on these claims would not ordinarily be viable. Historical litigation, reexamination, terminal disclaimer, PTA, ownership transfers, and related continuation proceedings must be distinguished from present enforceability. The operative legal points are:
A portfolio review should therefore treat US 5,897,031 as an expired foundational reference and separately map any continuation or improvement patents claiming the same dispenser platform. Which companies compete in this technology area?The relevant commercial field includes companies selling institutional and healthcare dispensing systems, such as:
The competitive issue is usually not ownership of this expired patent. It is whether a supplier controls later intellectual property covering:
A supplier can therefore have a commercially strong dispenser platform while obtaining no current patent leverage from US 5,897,031. What generic-entry risks exist?There is no ordinary generic-entry risk because the patent does not cover a drug and is expired. The relevant commercial risk is device substitution or cartridge interoperability. Potential market-entry scenarios include:
Key Takeaways
FAQsCan a company sell a cartridge compatible with the dispenser covered by US 5,897,031?Yes, the expired patent alone does not bar commercial sale. Later patents, trademarks, trade dress, contractual restrictions, and regulatory requirements may create separate constraints. Does claim 24 create patent protection for antimicrobial products?No. Claim 24 limits the reservoir to suitability for sterilizing, disinfecting, or antimicrobial product. It does not claim the antimicrobial compound or formulation. Can a dispenser avoid the patent by using a different actuator?Historically, a materially different actuator could avoid some claims, but the actuator relationship remains part of several independent claims. Because the patent is expired, the question has no present infringement consequence under this patent. Does disposing of the cartridge always satisfy the disposable product-path claims?No. The entire product path must be located within the disposable container. A reusable tube, valve, conduit, or manifold may prevent satisfaction of the relevant claim limitation. Is a later patent on a refill cartridge blocked by US 5,897,031?No. An expired patent cannot block later commercialization, although it may be prior art against later patent claims and may affect novelty or obviousness analysis under applicable law. References
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Drugs Protected by US Patent 5,897,031
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Patented / Exclusive Use | Submissiondate |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| >Applicant | >Tradename | >Generic Name | >Dosage | >NDA | >Approval Date | >TE | >Type | >RLD | >RS | >Patent No. | >Patent Expiration | >Product | >Substance | >Delist Req. | >Patented / Exclusive Use | >Submissiondate |
International Family Members for US Patent 5,897,031
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Austria | 245935 | ⤷ Start Trial | |||
| Austria | 245936 | ⤷ Start Trial | |||
| Australia | 3009697 | ⤷ Start Trial | |||
| Canada | 2257592 | ⤷ Start Trial | |||
| Canada | 2522124 | ⤷ Start Trial | |||
| Germany | 69723834 | ⤷ Start Trial | |||
| Germany | 69723836 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
